Lumbard sentencing delayed

With a plea agreement in place, Nathan Kent Lumbard was scheduled for sentencing Friday in connection with a 2009 arson at Welch's Steak and Ribs in Sturgis. But sentencing was put on hold

Corky EmrickTwitter @CorkyESJ

With a plea agreement in place, Nathan Kent Lumbard, 31, was scheduled for sentencing Friday in connection with a 2009 arson at Welch's Steak and Ribs in Sturgis.Sentencing is now on hold, for as many as 10 days. In October, an agreement was reached between Lumbard, his attorney Tase Markou and the St. Joseph County Prosecutor's office. The plea agreement called for Lumbard to receive no more than three years in prison.The lone remaining step was excepted to be the sentencing decision by 45th Circuit Court Judge Paul Stutesman.But Friday in St. Joseph County Circuit Court, Stutesman announced he would not honor the agreement and intends to sentence Lumbard to a term of six years, 11 months to 15 years in prison."I cannot go along with the plea agreement," Stutesman told the court.Stutesman cited a pre-sentencing report that scored a sentencing guideline of between 83 months and 15 years.Because the guideline deviates from the plea agreement, Lumbard has the right to withdraw his initial plea and ask for a trial.A hearing date has been set for 9 a.m. Dec. 23, by which time Lumbard must notify the court of his decision.On Oct. 23, Lumbard pleaded no contest to the Welch's arson charge and a guilty plea to breaking and entering with intent to commit larceny at Omni Source on Centerville Road. During sworn testimony, Lumbard admitted driving a vehicle with Dustin Gonser to Omni Source and then home again.As part of the no-contest plea, Markou read from police reports indicating that both Lumbard and Gonser entered Welch's in the early morning of June 2, 2009. Lumbard poured alcohol on tables and set them on fire.As part of the plea agreement, several other charges were dismissed.In addition to arson, Lumbard initially faced multiple felony charges, including breaking and entering, larceny, malicious destruction of a building and absconding on bond.

Related stories:Lumbard pleads no contest in Welch's arson caseLumbard returned to St. Joseph CountyFugitive sought in arson case

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.